An en banc panel of the Pennsylvania Commonwealth Court ruled that Petitioner could establish that he was denied the benefit of a health service by a public entity, by reason of his disability. Petitioner sought an order compelling the Pennsylvania Department of Corrections to allow him to receive Medication-Assisted Treatment (MAT) for his substance use disorder while incarcerated. The Department filed a preliminary objection in the nature of a demurrer, contending that Petitioner could not state a claim upon which relief can be granted. The Commonwealth Court overruled the Department’s preliminary objection and concluded: “Petitioner’s claim may proceed beyond this initial pleading stage of litigation.” The Court held that Petitioner’s claim was viable under the Eighth Amendment of the U.S. Constitution and the Americans with Disabilities Act.
